HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 967 Golf Course Best Management Practices Certification
SPONSOR(S): State Affairs Committee, Agriculture & Natural Resources Appropriations Subcommittee,
Environment, Agriculture & Flooding Subcommittee, Truenow and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1556
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding 16 Y, 1 N, As CS Mamontoff Moore
Subcommittee
2) Agriculture & Natural Resources Appropriations 12 Y, 0 N, As CS White Pigott
Subcommittee
3) State Affairs Committee 22 Y, 0 N, As CS Mamontoff Williamson
SUMMARY ANALYSIS
The Florida golf course industry is the largest of any state. As of 2019, there were 1,306 golf courses and 986
golf facilities in Florida. Site placement and management of golf courses can create environmental harms, but
best management practices (BMPs) can help mitigate such impacts. Golf course BMPs attempt to curb
excessive and unnecessary fertilization to prevent water pollution due to nutrient runoff or leaching from
saturated or compacted soils.
The bill requires the turfgrass science program at the University of Florida Institute of Food and Agricultural
Sciences (UF/IFAS), in coordination with the Department of Environmental Protection (DEP), to administer a
certification program for golf course BMPs to ensure compliance with fertilizer BMPs.
The bill requires UF/IFAS to provide training and testing certification programs and to issue certificates
demonstrating satisfactory completion of such programs. The bill provides that certification expires four years
after the date of issuance, and recertification is available if an applicant completes eight classroom hours of
continuing education.
The bill exempts a person certified in golf course BMPs from additional local training testing and from local
ordinances relating to water and fertilizer use, blackout periods, or restrictions, unless a state of emergency is
declared.
The bill encourages UF/IFAS to create a registry of persons certified on its website.
The bill may have an indeterminate fiscal impact on the state, but does not have a fiscal impact on local
governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Water Quality and Nutrients
Phosphorous and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.1 The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorous can cause significant water quality
problems.2
Phosphorous and nitrogen are derived from natural and human-made resources.3 Human-made
sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.4
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the alteration
of the natural community of plants and animals.5 Dense, harmful algal blooms can also cause human
health problems, problems for water treatment plants, and impairment of the aesthetics and taste of
waters. Growth of nuisance aquatic weeds tends to increase in nutrient-enriched waters, which can
impact recreational activities.6
Implementation of State’s Model Ordinance
The implementation of Model Ordinances for Florida-Friendly Fertilizer Use in Urban Landscapes
(2008), which was developed by the Department of Environmental Protection (DEP) in conjunction with
the Consumer Fertilizer Task Force, the Department of Agriculture and Consumer Services, and the
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS), assists in protecting the
quality of Florida’s surface water and groundwater resources. Local conditions, including variations in
the types and quality of water bodies, site-specific-spoils and geology, and urban or rural densities and
characteristics, may necessitate the implementation of additional or more stringent fertilizer
management practices at the local government level.7
All county and municipal governments are encouraged to adopt and enforce the State’s model or an
equivalent requirement as a mechanism for protecting local surface and groundwater quality. Each
county and municipal government located within the watershed of a waterbody listed as impaired by
nutrients in s. 403.067, F.S., are required to, at minimum, adopt the state’s model ordinance. Local
governments may adopt more stringent standards so long as certain criteria are met. 8
Best Management Practices
Best management practices (BMPs) are designed to protect water resources from nonpoint source
pollution occurring from operations like agriculture, golf courses, forestry, and stormwater
management.9 BMPs are practical measures that can be implemented to reduce the amount of
1 U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Jan.
21, 2022).
2 Id.
3 Id.
4 EPA, Sources and Solutions, https://epa.gov/nutirentpollution/sources-and-solutoins (last visited Jan. 21, 2022).
5 EPA, The Issue, https://www.epa.gov/nutirent pollution/issue (last visited Jan. 21, 2022)
6 Id.
7 Section 403.9336, F.S.
8 Section 403.9337, F.S.
9 University of Florida Institute of Food and Agricultural Services (UF/IFAS), Best Management Practices,
https://hort.ifas.edu/yourfloridalawn/bmps.shtml (last visited Jan. 27, 2022).
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fertilizers, pesticides, animal waste, and other pollutants entering the state’s water resources. 10
Nonpoint source pollution11 causes 60 percent of water quality impairments.12 Nonpoint source
contributors are responsible for implementing rule-adopted BMPs to help achieve water quality
standards.13
Producers of nonpoint source pollution included in a basin management action plan (BMAP) 14 must
comply with the established pollutant reductions by either implementing the appropriate BMPs or by
conducting water quality monitoring.15 A nonpoint source discharger may be subject to enforcement
action by DEP or a water management district based on a failure to implement these requirements. 16
Golf Course BMPs for Fertilizer Application
The Florida golf course industry is the largest of any state.17 As of 2019, there were 1,306 golf courses
and 986 golf facilities in Florida.18 Site placement and management of golf courses can create
environmental harms, but BMPs can help mitigate harms or provide environmental benefits. 19
Golf course BMPs attempt to curb excessive and unnecessary fertilization to prevent water pollution
due to nutrient runoff or leaching from saturated or compacted soils. 20 BMPs for nutrient applications
focus on maximizing plant uptake and include suggestions to:
Follow UF/IFAS nitrogen application rates;
Apply nutrients when turfgrass is actively growing;
Apply slow-release nitrogen fertilizers at the appropriate time of the year, taking into
consideration the release rate of the chosen material;
Take into account that putting greens, tees, and landing areas require more nutrition than other
areas like fairways and roughs;
Exercise caution when applying nutrients during turfgrass establishment, because they are
more susceptible to leaching and runoff at that time;
During establishment, use appropriate rates and products to minimize nitrogen loss due to
increased water applications, increased nutrient rates, and reduced root mass;
Be aware of the pros and cons of different nutrient spreaders;
Calibrate the chosen nutrient spreader properly;
Properly store, load, and clean up fertilizer to reduce environmental risk;
Avoid applying fertilizer to soils that are at or near saturation, or when the National Weather
Service has issued a flood, tropical storm, or hurricane warning, or if heavy rains are forecast in
the next 24 hours; and
10 UF/IFAS, Agricultural Best Management Practices – About BMPs, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Jan.
21, 2022); see also s. 576.011(2), F.S. (defining best management practices as practices or combinations of practices
determined by research or field testing in representative sites to be the most effective and practicable methods of
fertilization designed to meet nitrate groundwater quality standards, including economic and technological considerations).
11 The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural
storm water discharges and return flows from irrigated agriculture. 33 U.S.C Section 1362(14)(2019). The term "nonpoint
source" is defined to mean any source of water pollution that does not meet the legal definition of "point source" in se ction
502(14) of the Clean Water Act. EPA, Basic Information about Nonpoint Source (NPS) Pollution,
https://www.epa.gov/nps/basic-information-about-nonpoint -sourc e-nps-pollution (last visited Feb. 1, 2022).
12 Susan L. Stephens and J. Daniel Roach, Forestry Best Management Practices for Water and Wildlife in Florida: What’s
in it for me?, American Bar Association, Natural Resources & Environment (Winter 2019).
13 Department of Agricultural and Consumer Services (DACS), Agricultural Best Management Practices,
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-B est-Management-Practices (last visited Jan. 24, 2022).
14 BMAPs are one of the primary mechanisms the Department of Environmental Protection (DEP) uses to address the
entire pollution load for a watershed, including point and nonpoint discharges. Section 403.067(7), F.S.
15 Section 403.067(7)(b)2.g., F.S.
16 Section 403.067(7)(b)2.h., F.S.
17 BMPs for the Enhancement of Env. Quality on FL Golf Courses , 14 (Sept. 2021), available at
https://flgolfbmp.com/view-the-bmp-guide (last visited Jan. 19, 2022).
18 Id.
19 Id. at 15.
20 Id. at 144.
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When using fertigation,21 ensure that irrigation heads are properly aligned and adjusted to
ensure no nutrient-loaded irrigation water is being applied to lakes and wetlands. 22
Golf course BMPs also focus on other areas of landscape management to protect environmental
resources, including:
Planning, design, and construction;
Irrigation;
Cultural practices;
Lake and aquatic management;
Turf pest and pesticide management;
Maintenance operations;
Pollinator protection; and
Energy conservation.23
Green Industry BMP Certification
UF/IFAS currently offers the Green Industries BMPs program, which teaches environmentally safe
landscaping practices that protect quality and natural resources.24 The program was created for people
working in lawn-care and landscape maintenance. The program includes golf course employees among
those who benefit from training.25
Effect of Bill
The bill requires the turfgrass science program at UF/IFAS, in coordination with DEP, to administer a
certification for golf course BMPs in order to provide a means of documenting and ensuring compliance
with BMPs for fertilizer application to golf courses.
The bill requires UF/IFAS, in cooperation with DEP, to:
Provide training and testing programs in golf course BMPs and authorizes UF/IFAS to issue
certificates demonstrating satisfactory completion of the training.
Approve training and testing programs in golf course BMPs that are equivalent to or more
comprehensive than the programs described above. The programs must be reviewed and
reapproved by UF/IFAS if significant changes are made.
The bill requires an applicant to submit a copy of the training certificate to UF/IFAS to obtain a golf
course BMP certification.
The bill specifies that a golf course BMP certification expires four years after the date of issuance. Upon
expiration or after a grace period of not more than 30 days after the expiration date, a recertification
may be reissued. The bill specifies that before applying for recertification, an applicant must complete
eight classroom hours of acceptable continuing education, including at least two hours addressing
fertilizer BMPs.
The bill requires an applicant to submit proof of completion of eight classroom hours of continuing
education to UF/IFAS to obtain a golf course BMP recertification.
The bill provides that a person certified in golf course BMPs is exempt from additional local training and
local ordinances relating to water and fertilizer use blackout periods or restrictions, unless a state of
emergency is declared. However, the bill specifies that the certified person must continue to coordinate
with the local government to ensure that he or she adheres to the comprehensive BMPs for that
specific community.
21 Fertigation is fertilizer application through an irrigation system. Id. at 152.
22 Id. at 153.
23 Id. at 3-4.
24 UF/IFAS, Green Industries BMPs, https://gibmp.ifas.ufl.eudu/ (last visited Jan. 27, 2022); UF/IFAS, FL Friendly
Landscaping Program, https://ffl.ifas.ufl.edu/ffl-and-you/gi-bmp-program/ (last visited Jan 27, 2022).
25 Id.
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The bill specifies that it does not exempt persons certified in golf course BMPs from complying with the
rules and requirements of basin management action plans if the golf course is located within a basin
management action plan.
The bill authorizes UF/IFAS to provide the certification status of persons certified in golf course BMPs
to local and state governmental entities. The bill also encourages UF/IFAS to create a registry of such
certified persons.
B. SECTION DIRECTORY:
Section 1. Creates s. 403.9339, F.S., relating to golf course best management practices.
Section 2. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
This bill may have an indeterminate negative fiscal impact on UF/IFAS that can be absorbed within
existing resources related to administering the golf course BMP certification program.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce authority that counties or municipalities have to
raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
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None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 8, 2022, the Environment, Agriculture & Flooding Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment:
Removed the fees for certification and recertification; and
Provided that the bill does not exempt certified persons from complying with the rules and
requirements of basin management action plans if a golf course is located within a basin management
action plan.
On February 14, 2022, the Agriculture & Natural Resources Appropriations Subcommittee adopted a strike-all
amendment and reported the bill favorably as a committee substitute. The amendment clarified that the
turfgrass science program at UF/IFAS must administer a certification for golf course BMPs in coordination with
DEP.
On February 23, 2022, the State Affairs Committee adopted an amendment and reported the bill favorably as a
committee substitute. The amendment clarified that while certified persons are exempt from certain local
ordin